PROCEEDINGS


         IN THE CASE OF
        

         BOARD DATE: 21 October 2003
         DOCKET NUMBER: AR2003084742

         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. William Blakely		Analyst

The following members, a quorum, were present:

Mr. Melvin H. Meyer		Chairperson
Mr. William D. Powers		Member
Mr. Frank C. Jones		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests, in effect, that his military records be corrected to show the rank and pay grade of specialist four/E-4 (SP4/E-4), the Purple Heart (PH), the Expert Marksmanship Qualification Badge with Rifle, Pistol, and Mortar Bars, and the Parachutist Badge.

3. The applicant states, in effect, that he should have been promoted at the end of his advanced individual training and his promotions, pay, and benefits should be adjusted accordingly. He claims that he was told that the paperwork for his promotion was lost and would catch up to him later, but it never did. He states that the majority of his company was promoted and he believes it would be fair and right for his record to be corrected to show this promotion. He claims that while in training he was selected as the outstanding trainee in his unit and he qualified as an expert with the M-14 and M-16 rifles and as a marksman with the .45 caliber pistol and as a result received a trophy. However, while almost every member of his training unit were promoted to the pay grade of E-2 upon completion of training, he and three others were not.

4. The applicant also claims that he was wounded in action in the RVN and as a result was medically evacuated and ultimately released from active duty (REFRAD) by reason of disability and placed on the Temporary Disability Retired List (TDRL). He also states that he now needs medical care and does not have medical insurance and would like his records corrected to ensure he receives all veterans benefits to which he is entitled. He states after leaving the Army he became a teacher and never gave his promotion much thought until he had a conversation with other Vietnam veterans who recommended he request a correction to his separation document (DD Form 214) to alleviate any questions related to burial and other benefits. In support his application he submits a copy of his DD Form 214.

5. The applicant’s military records show that that he entered the Army on
26 June 1968. He was trained and served in military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).

6. The applicant’s Enlisted Qualification Record (DA Form 20) confirms, in Item 18 (Appointment and Reductions), that he was promoted to private first class/E-3 (PFC/E-3) on 24 November 1968, and that was the highest rank he attained while serving on active duty. It also shows that he served in the RVN with Company E, 4th Battalion, 9th Infantry Regiment, 25th Infantry Division, and performed duties in MOS 11C, from 20 November 1968 through 23 January 1969.

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7. Item 40 (Wounds) of the applicant’s DA Form 20 contains an entry showing that he received fragment wounds to his right thigh and right leg on 22 December 1968 while serving in the RVN. Item 41 (Awards and Decorations) shows that he earned the following awards during his active duty tenure: Purple Heart; Vietnam Service Medal; National Defense Service Medal; and Expert Marksmanship Qualification Badge with Rifle and Mortar Bars.

8. The applicant’s Military Personnel Records Jacket (MPRJ) has no orders or other documents on file that show he was ever recommended for or promoted to the rank of SP4 or that he was awarded a Marksmanship Qualification Badge for the .45 caliber pistol. His MPRJ is also void of any derogatory information or of a disqualification by any of his active duty unit commanders that would prohibit him from receiving the Army Good Conduct Medal (AGCM).

9. The DD Form 214 issued to and signed by the applicant on the date of his release from active duty on 18 July 1969, shows that he was separated by reason of physical disability and that he was placed on the TDRL. It also confirms that he held the rank and pay grade of PFC/E-3 on that date. This document also lists the following awards that were earned by the applicant during his tenure on active duty: Vietnam Service Medal; RVN Campaign Medal with
60 Device; National Defense Service Medal; Parachutist Badge; and Expert Marksmanship Qualification Badge with Rifle and Mortar Bars.

10. The Department of the Army (DA) Vietnam Casualty Roster includes the applicant’s name. This confirms that he was wounded in action while serving in the RVN on 22 December 1968.

11. Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing DD Form 214. The regulation in effect at the time of the applicant’s separation stated, in pertinent part, that the active grade or rank and pay grade held at the time of separation would be entered in Item 5 of the DD Form 214.

12. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-8 contains guidance on awarding the PH. It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action. A wound is defined as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation. In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer. This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.
13. Paragraph 2-13 of the awards regulation contains guidance on awarding the Vietnam Service Medal and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member participated in while serving in the RVN. Table B-1 lists all campaigns and it confirms that during
the applicant’s assignment tenure in the RVN, he was credited with participation in the Vietnam Counteroffensive Phase IV campaign.

14. Chapter 4 of the awards regulation provides guidance on awarding the AGCM. It states, in pertinent part, that it is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The normal qualifying period is 3 years; however, in the case of the first award, a period of 1 or more years is a qualifying period if awarded at the termination of active duty service. There is no automatic entitlement to the AGCM, however, disqualification must be justified.

15. Paragraph 8-6 of the same regulation provides guidance on the award of the Combat Infantryman Badge (CIB). It states, in pertinent part, that it is awarded to enlisted personnel who have infantry MOS who have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. The Awards Branch of the Human Resources Command has indicated in similar cases that during the Vietnam era the CIB was awarded to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H, and who satisfied the combat and infantry unit service requirements outlined.

16. DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. It confirms that during his tenure of assignment in the RVN, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

CONCLUSIONS:

1. The Board notes the applicant’s contention that his military records should be corrected to show his rank as specialist four/ E-4. However, the Board finds insufficient evidence to support this claim.

2. The evidence of record confirms that the applicant was promoted to PFC/E-3 on 24 November 1968 and that this is the highest rank he attained while serving on active duty. The record contains no indication that the applicant was ever recommended for or promoted to a higher grade during his tenure on active duty. Thus, the Board finds the rank and pay grade listed in the applicant’s DD Form 214 was correct at the time it was issued and there is no evidentiary basis for changing it at this time.

3. The evidence of record further confirms that the applicant was wounded in action on 22 December 1968, while serving as a PFC in the RVN. This is confirmed by entries in his DA Form 20 and by the official DA Vietnam Casualty Roster. Thus, the Board finds it would be appropriate to award the applicant the PH and to add this award to his record at this time.

4. The record also confirms that the applicant served in a qualifying infantry MOS with a qualifying infantry unit while serving in combat in the RVN. As a result, the Board finds he is entitled to receive the CIB and it should be added to his record at this time.

5. Further, lacking any derogatory information on file or a specific disqualifying action from any of his active duty unit commanders that would preclude him from receiving the award, the Board finds that the applicant served a qualifying period of honorable active duty service from 26 June 1968 to 18 June 1969 that entitles him to receive the first award of the AGCM. Thus, it concludes that it would also be appropriate to add this award to this record.

6. The Board also finds that the applicant’s service and campaign participation in the RVN entitles him to 1 bronze service star with his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, if finds these awards should also be added to his record at this time.

7. The Board also considered the applicant’s contention that the Expert Marksmanship Qualification Badge with Rifle Bar and Mortar Bars, Parachutist Badge, and Marksman Marksmanship Qualification Badge with Pistol Bar should be added to his record. However, it finds that with the exception of the Marksman Marksmanship Qualification Badge with Pistol Bar, these awards are already included on his DD Form 214. In the case of Marksman Marksmanship Qualification Badge with Pistol Bar, there is no evidence of record or independent evidence that provides confirmation of this award. Thus, the Board finds an insufficient evidentiary basis to add it to his record at this time.

8. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case for the individual concerned be corrected by:

a. awarding him the Purple Heart, for being wounded in action while serving as a PFC in the RVN on 22 December 1968;

b. awarding him the first award of the Army Good Conduct Medal, for his period of qualifying honorable active duty service from 26 June 1968 through
18 July 1969;

c. awarding him the Combat Infantryman Badge, for his qualifying combat service in the RVN;

d. showing he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and 1 bronze service star with his Vietnam Service Medal, for his combat service and campaign participation in the RVN; and

e. providing him a corrected separation document that reflects these awards.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__MM__ __FCJ__ __WDP__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Melvin H. Meyer
CHAIRPERSON

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INDEX

CASE ID	AR2003084742
SUFFIX
RECON
DATE BOARDED	2003/10/21
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1969/07/18
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 61	107.0015
2.
3.
4.
5.
6.